What are the elements for the issuance of a writ of Kalikasan?

What are the elements for the issuance of a writ of Kalikasan?

Writ of Kalikasan, defined motion for ocular inspection (1) indicating the place/s sought to be inspected and (2) supported by “affidavits of witnesses having personal knowledge of the violation or threatened violation of environmental law.” and.

What are the different environmental laws in the Philippines?

Clean Air Act Of 1999 (RA 8749) Ecological Solid Waste Management Act (RA 9003) Clean Water Act (RA 9275) Environmental Awareness And Education Act Of 2009 (RA 9512)

What is the doctrine which was used in oposa vs factoran?

doctrine of intergenerational responsibility on the environment
101083, 224 S.C.R.A. 792 (1993), alternatively titled Minors Oposa v. Factoran or Minors Oposa, is a landmark decision of the Supreme Court of the Philippines recognizing the doctrine of intergenerational responsibility on the environment in the Philippine legal system.

What are the main differences between the writ of continuing mandamus and Writ of Kalikasan?

A petition for WRIT OF KALIKASAN may be filed with the Supreme Court or the Court of Appeals. A petition for WRIT OF CONTINUING MANDAMUS may be filed with the Regional Trial Court exercising territorial jurisdiction, or the Court of Appeals, or the Supreme Court.

How the Writ of Kalikasan serve?

A Writ of Kalikasan is a legal remedy under Philippine law that provides protection of one’s constitutional right to a healthy environment, as outlined in Section 16, Article II of the Philippine Constitution, which states that the “state shall protect and advance the right of the people to a balanced and healthful …

Was Roe v Wade judicial activism?

Public Reactions. Some viewed the Court’s decision in Roe v. Wade as “judicial activism,” – meaning the judges based their decision on personal views rather than existing law. But, supporters of Roe say it is vital in preserving women’s rights and freedoms.

What is the difference between judicial activism and judicial restraint?

Judicial activism is the assertion (or, sometimes, the unjustified assertion) of the power of judicial review to set aside government acts. Judicial restraint is the refusal to strike down such acts, leaving the issue to ordinary politics.